EPA v. ARCHER DANIELS MIDLAND COMPANY - DECATUR COMPLEX

Case summary

Archer Daniels Midland Company (ADM) in Decatur, Illinois failed to conduct initial performance testing, as required by the National Emission Standards for Organic Hazardous Air Pollutants (NESHAP) from the Synthetic Organic Chemical Manufacturing Industry, 40 CFR Part 63, Subpart F; the NESHAP from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, 40 CFR Part 63, Subpart G; and the General Provisions of the NESHAP. ADM was to have conducted initial performance testing at the scrubber controlling the Glycols Plant no later than October 12, 2010. On June 26, 2010, the facility experienced a process safety event resulting in a pressure release of hydrogen gas that caused a fire that damaged equipment. The excess pressure was caused by operator error. ADM originally requested from EPA an extension of time to conduct testing under the “force majeure” clause of the NESHAP General Provisions. In a letter dated December 14, 2010, EPA informed ADM that the process upset that resulted in the fire and inability to test did not constitute a force majeure. Since June 26, 2010, the primary process units of the Glycols Plant have not been operating as ADM has been addressing the equipment damage and safety issues. The facility has recently started up the process in stages. The Administrator Order requires ADM to complete performance testing at the Glycols scrubber not later than 180 days after January 1, 2011.

Defendants (1)

• ARCHER DANIELS MIDLAND COMPANY - DECATUR COMPLEXNamed in settlement

Facilities (6)

• ARCHER DANIELS MIDLAND CO

  3883 FARIES PKWY, DECATUR, IL, 62526-5656

  Registry ID: 110000439598

• ARCHER DANIELS MIDLAND CO

  3883 FARIES PKWY, DECATUR, IL, 62526-5656

  Registry ID: 110000439598

• ARCHER DANIELS MIDLAND CO

  3883 FARIES PKWY, DECATUR, IL, 62526-5656

  Registry ID: 110000439598

• ARCHER DANIELS MIDLAND CO

  3883 FARIES PKWY, DECATUR, IL, 62526-5656

  Registry ID: 110000439598

• ARCHER DANIELS MIDLAND CO

  3883 FARIES PKWY, DECATUR, IL, 62526-5656

  Registry ID: 110000439598

• ARCHER DANIELS MIDLAND CO

  3883 FARIES PKWY, DECATUR, IL, 62526-5656

  Registry ID: 110000439598

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• ARCHER DANIELS MIDLAND COMPANY - DECATUR COMPLEXentered 2011-02-04

  Primary law: CAA

Timeline (2 milestones)

• 2011-02-04Final Order Issued
• 2011-04-04Enforcement Action Data Entered